THE SECOND SCHEDULE-concluded. Chapters and sections of this Code extending to Provincial Courts of Small CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER Causes-concluded. XVII.-Of Judgment and Decree, except sections 204, 207, 211, XVIII.-Sections 220, 221 and 222, of Costs. XX.-Section 360, Power to invest certain Courts with Insol- XXI. Of the Death, Marriage and Insolvency of Parties. XXIII. Of Payment into Court. XXIV.-Of requiring Security for Costs. XXV.-Of Commissions. XXVI.-Suits by Paupers. XXVII.-Suits by and against Government or Government Servants. tors. XXXI.-Suits by and against Minors and Persons of unsound Mind, XXXIII.-Interpleader. XXXIV.-Of Arrest and Attachment before Judgment, except as XXXVI.-Appointment of Receivers. XXXVII.-Reference to Arbitration, sections 506 to 526 (both inclu sive). CHAPTER XXXVIII.-Of Proceedings on Agreement of Parties. CHAPTER СНАРТЕК" XLVI.-Reference to and Revision by High Court. XLVII. Of Review of Judgment, sections 623, 626 and 630. The entries referring to Chapters XIX, XLVII and XLIX have been amended by Act IX of 1887, s. 26. the A. B., the above-named plaintiff, states as follows:- 18 at rupees repayable on demand [or on the 2. That the defendant has not paid the same, except day of 18 [If the plaintiff claims exemption from any law of limitation, say : 3. The plaintiff was a minor [or insane] from the day of - he lent day rupees paid on day of till [NOTE.-The object of stating when the debt is to be repaid is merely to fix a date for interest. If, therefore, interest is not claimed, the statement may be omitted.] 1. That on the defendant received No. 2. FOR MONEY RECEIVED TO PLAINTIFF'S USE. (Title.) A. B. and G. H., the above-named plaintiffs, state as follows: day of rupees [or a cheque on the rupees] from one E. F. for the use of the plaintiffs. 2. That the defendant has not paid [or delivered] the same accordingly. 3. The plaintiff's pray judgment for from the THE FOURTH SCHEDULE-continuel. No. 3. FOR PRICE OF GOODS SOLD BY A FACtor. 1. That on the E. F, since deceased, hundred maunds of rice, 2. That on the the plaintiff, before the merchandise for (Title.) 18 at he and A. B., the above-named plaintiff, states as follows:- day of rupees. 18 , [or, on some day unknown to 18 ], the defendant sold the said 3. That the commission and expenses of the defendant thereon amount to FOR MONEY RECEIVED BY DEFENDANT THROUGH THE PLAINTIFF'S MISTAKE OF FACT. (Title.) A. B., the above-named plaintiff, slates as follows:- 1. That on the 2. That the plaintiff procured the said bars, to be assayed by one E. F., who was paid by the defendant for such assay, and that the said E. F. declared each of the said bars to coutain 1,500 tolas of fine silver, and that the plaintiff accordingly paid the defendant 3. That each of the said bars did contain only 1,200 tolas of fine silver. 4. That the defendant has not repaid the sum so overpaid. [Demand of judgment.] [NOTE.-A demand of repayment is not necessary, but it may affect the question of interest or the costs.] No. 5. FOR MONEY PAID TO A THIRD PARTY AT THE DEFENDANT'S REQUEST. at the request or by the authority] of the defendant, the plaintiff paid to one E. F. rupees. 2. That, in consideration thereof, the defendant promised [or became bound] to pay the same to the plaintiff on demand [or as the case may be]. 3. That [on the day of 18 , the plaintiff demanded payment of the same from the defendant, but] he has not paid the same. [Demand of judgment.] [NOTE.-If the request or authority is implied, the plaint should state facts raising the implication.] No 6. THE FOURTH SCHEDULE-continued. No. 6. FOR GOODS SOLD AT A FIXED PRICE AND DELIVERED. 1. That on the of (Title.) A. B., the above-named plaintiff, states as follows :— day of 18 at E. F., deceased, sold and delivered to the defendant [one hundred barrels of flour, or, the goods mentioned in the schedule hereto annexed, or, sundry goods]. 2. That the defendant promised to pay delivery [or, on the day of 3. That he has not paid the same. 4. That the said E. F., in his lifetime made his will, whereby he appointed the plaintiff executor thereof. 7. The plaintiff as executor as aforesaid [Demand of judgment]. [NOTE.-If a day was fixed for payment it should be stated as furnishing a date for the commencement of interest.] plaintiff sold and delivered to the defendant [sundry articles of house-furniture] but no express agreement was made as to the price. 2. That the same were reasonably worth 3. That the defendant has not paid the same. [Demand of judgment.] rupees. [NOTE.-The law implies a promise to pay so much as the goods are reasonably worth.] No. 8. FOR GOODS DELIVERED TO A THIRD PARTY AT DEFENDANT'S REQUEST AT A FIXED plaintiff sold to the defendant [one hundred barrels of flour] and, at the request of the defendant, delivered the same to one E. F. 2. That the defendant promised to pay to the plaintiff 3. That he has not paid the same. THE FOURTH SCHEDULE-continued. No. 9. FOR NECESSARIES FURNISHED TO THE FAMILY OF DEFENDANT'S TESTATOR WITHOUT HIS EXPRESS REQUEST, AT A REASONABLE PRICE. 1. That on the (Title.) A. B., the above-named plaintiff, states as follows: day of 18 at plaintiff furnished to [Mary Jones] the wife of [James Jones], deceased, at her request, sundry articles of [food and clothing ], but no express agreement was made as to the price. 2. That the same were necessary for her. 3. That the same were reasonably worth 4. That the said James Jones refused to pay the same. rupees. 5. That the defendant is the executor of the last will of the said James Jones. 4. That the defendant is administrator of the estate of the said E. F. [Demand of judgment.] rupees for the No. 11. FOR GOODS SOLD AT A REASONABLE PRICE. (Title.) A. B., the above-named plaintiff, states as follows: day of 18, at 1. That on the sold to the defendant [all the fruit growing in his orchard in agreement was made as to the price. 2. That the same was reasonably worth 3. That the defendant has not paid the same. 4. That on the day of rupees. the High Court of Judicature at Fort William duly adjudged the said E. F. to be a lunatic and appointed the plaintiff committee of his estate, with the usual powers for the management thereof. 5. The plaintiff as committee as aforesaid [Demand of judgment]. [NOTE.-When the lunatic's estate is not subject to the ordinary original jurisdiction of a High Court, for paragraphs 4 and 5 substitute the following :-] 4. That on the day of the Civil Court of duly adjudged the said E. F. to be of unsound mind and incapable of managing his affairs, and appointed the plaintiff Manager of his estate. 5. The plaintiff as Manager as aforesaid [Demand of judgment]. No. 12. |